42 U.S. Code § 290aa–3 - Peer review

The Secretary, after consultation with the Administrator, shall require appropriate peer review of grants, cooperative agreements, and contracts to be administered through the agency which exceed the simple acquisition threshold as defined in section
134 of title
41.

(b) Members

The members of any peer review group established under subsection (a) of this section shall be individuals who by virtue of their training or experience are eminently qualified to perform the review functions of the group. Not more than one-fourth of the members of any such peer review group shall be officers or employees of the United States.

(c) Advisory council review

If the direct cost of a grant or cooperative agreement (described in subsection (a) of this section) exceeds the simple acquisition threshold as defined by section
134 of title
41, the Secretary may make such a grant or cooperative agreement only if such grant or cooperative agreement is recommended—

(1)after peer review required under subsection (a) of this section; and

(2)by the appropriate advisory council.

(d) Conditions

The Secretary may establish limited exceptions to the limitations contained in this section regarding participation of Federal employees and advisory council approval. The circumstances under which the Secretary may make such an exception shall be made public.

A prior section 504 of act July 1, 1944, which was classified to section
222 of this title, was renumbered section 2104 of act July 1, 1944, by Pub. L. 98–24and transferred to section
300aa–3 of this title, renumbered section 2304 of act July 1, 1944, by Pub. L. 99–660and transferred to section
300cc–3 of this title, prior to repeal by Pub. L. 98–621, § 10(s),Nov. 8, 1984, 98 Stat. 3381.

Amendments

2000—Pub. L. 106–310reenacted section catchline without change and amended text generally, substituting, in subsec. (a), provisions requiring, after consultation with the Administrator of the Substance Abuse and Mental Health Services Administration, appropriate peer review of grants, cooperative agreements, and contracts to be administered through the agency that exceed the simple acquisition threshold as defined in section
403 of title
41 for provisions requiring such peer review after consultation with the Directors of the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, and the Center for Mental Health Services, in subsec. (b), provisions relating to members of peer groups qualified to perform review functions under subsec. (a) for similar provisions in former subsec. (b) but which included reference to regulatory establishment of such groups, in subsec. (c), provisions relating to advisory council review for provisions relating to requirements and specification of regulations promulgated under subsec. (a), and in subsec. (d), provisions relating to Secretary’s authority to establish exceptions to the limitations in section regarding participation of Federal employees and advisory council approval for provisions relating to recommendations.

Pub. L. 102–321amended section generally, substituting provisions relating to peer review of grants, cooperative agreements, and contracts administered through the Centers for Substance Abuse Treatment, Substance Abuse Prevention, and Mental Health Services for provisions relating to peer review of biomedical and behavioral research and development grants, cooperative agreements, and contracts administered through the National Institutes of Mental Health, Alcohol Abuse and Alcoholism, and Drug Abuse.

Amendment by Pub. L. 102–321effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) ofPub. L. 102–321, set out as a note under section
236 of this title.